How to Appeal Revoked or Denied FOID

[evoxlover]

On 8/26/2022 at 5:13 PM, Molly B. said:

That is correct. 

Thank you!

[sk622881]

Hi @Molly B.

 

I applied for FOID over a year ago, but was denied due to a mistake where I indicated I'm on a non-immigrant. In August I filed an appeal, & shared a copy of my green card for reference. Unknown to me, I filed using the Investigation, Relief & Reinstatement application instead of the FOID Appeal form. Its been close to 2 months & no response.

 

I was thinking I'll resubmit the FOID appeal form. What do you recommend? 

 

 

[Molly B.]

On 9/11/2022 at 9:52 PM, sk622881 said:

Hi @Molly B.

 

I applied for FOID over a year ago, but was denied due to a mistake where I indicated I'm on a non-immigrant. In August I filed an appeal, & shared a copy of my green card for reference. Unknown to me, I filed using the Investigation, Relief & Reinstatement application instead of the FOID Appeal form. Its been close to 2 months & no response.

 

I was thinking I'll resubmit the FOID appeal form. What do you recommend? 

 

 

 

 

For an 'inadvertent yes answer' appeal you would still need to submit the IRRA, did you submit the notarized affadavit?

 

If you inadvertently answered YES to one of the criminal or mental health background questions:

• Firearms Prohibitor – Records Challenge Requirements Checklist
• Request for FOID Investigation, Relief, and Reinstatement of Firearms Rights Form
• FOID Application Inadvertent Yes Answer Affidavit

[sk622881]

On 9/11/2022 at 10:03 PM, Molly B. said:

 

 

For an 'inadvertent yes answer' appeal you would still need to submit the IRRA, did you submit the notarized affadavit?

 

If you inadvertently answered YES to one of the criminal or mental health background questions:

• Firearms Prohibitor – Records Challenge Requirements Checklist
• Request for FOID Investigation, Relief, and Reinstatement of Firearms Rights Form
• FOID Application Inadvertent Yes Answer Affidavit

 

Let me take a step back, and detail it out. And sorry if I make this sound complicated.

 

When I applied, almost a year ago, my permanent residency application was in progress, my status was:  'Adjustment of Status'. I selected 'non-immigrant visa' on the FOID application and was subsequently denied. I later learned: During the pendency of the adjustment application, the intending immigrant is deemed to be in a “period of stay authorized by the Attorney General.” A rather confusing status, and not a listed option on the FOID form, in retrospect I think I shouldn't have selected the non-immigrant option.

 

When my Adjustment of Status application was approved & I received my green card this year, I filed an appeal to the earlier denial submitting  Investigation, Relief and Reinstatement of Firearms Rights. Its been 2 months & I haven't heard back yet.

Now

1. I'm not sure if I used the right form, 2. Should I resubmit an appeal with the Affidavit Yes, or FOID Appeal form.

My other concern is If I resubmit a new form would that further complicate the process, or what's the best approach

 

I'd really appreciate your advise here, thanks.

Edited September 12, 2022 at 07:36 PM by sk622881

[sk622881]

On 9/12/2022 at 2:34 PM, sk622881 said:

 

Let me take a step back, and detail it out. And sorry if I make this sound complicated.

 

When I applied, almost a year ago, my permanent residency application was in progress, my status was:  'Adjustment of Status'. I selected 'non-immigrant visa' on the FOID application and was subsequently denied. I later learned: During the pendency of the adjustment application, the intending immigrant is deemed to be in a “period of stay authorized by the Attorney General.” A rather confusing status, and not a listed option on the FOID form, in retrospect I think I shouldn't have selected the non-immigrant option.

 

When my Adjustment of Status application was approved & I received my green card this year, I filed an appeal to the earlier denial submitting  Investigation, Relief and Reinstatement of Firearms Rights. Its been 2 months & I haven't heard back yet.

Now

1. I'm not sure if I used the right form, 2. Should I resubmit an appeal with the Affidavit Yes, or FOID Appeal form.

My other concern is If I resubmit a new form would that further complicate the process, or what's the best approach

 

I'd really appreciate your advise here, thanks.

@Molly B. can you please advice if I should just wait or resubmit a new form?

[Molly B.]

On 9/14/2022 at 11:11 PM, sk622881 said:

@Molly B. can you please advice if I should just wait or resubmit a new form?

I don't think the system will let you resubmit a new form unless you request the original application be removed from the system.

I suggest you send a request for administrative review to the director of ISP along with a copy of all your appeal forms and proof of green card.
 

Sec. 10. Appeal to director; hearing; relief from firearm prohibitions.

a.       Whenever an application for a Firearm Owner's Identification Card is denied, whenever the Department fails to act on an application within 30 days of its receipt, or whenever such a Card is revoked or seized as provided for in Section 8 of this Act, the aggrieved party may appeal to the Director of State Police for a hearing upon such denial, revocation or seizure,

You will need to send a letter to the director and request a hearing on the appeal you filed and give the date or approximate date you submitted your appeal the first time. In the letter, give your full legal name, date of birth, FOID number, and the date your FOID card was denied/revoked. Send a complete set of the appeal forms you already filed.

What usually happens is once the director sees all your paperwork is in order, the FOID is issued but if you are granted a hearing, which is usually a meeting with an administrative judge appointed by the ISP, you may be able to do that as a teleconference or may need to travel to Springfield. You can have an attorney with you, if you think you need one.

Send this all via a mail service that will provide you with a signed receipt of delivery to

Director Brendan Kelly

Illinois State Police

801 S. 7th Street

Springfield, IL 62703

 

Please keep us posted on your progress.

[freedomforall]

Is it possible/acceptable to go straight to a circuit court judge to get an order after a denial for non-forcible felony more than 30 years old? I know it's not required for such a prohibition but I thought it might be easier to get an order than to go around asking people to vouch for me via notorized letters.  

[Molly B.]

If you do, the attorney general's office will make a motion to dismiss on the basis that you have not exhausted all your options to appeal.  Plus, you would need the character witnesses for court as well.

[Ahnata]

@Molly B.Hi, I’ve read that your one of the best to ask and I’m hoping you could spare some time to give me some advice!

 

So back in 2019 I was denied because of a mental facility stay in 2006-2007 when I was a kid. Skip to late September 2022 the ISP FOID received my evaluation certified mail and tracked via the qualified evaluator, I’ve tried to get a hold of someone through email and phone but unfortunately I’ve yet to receive even a answer. I know I’m asking for a lot but an update like “We received your evaluation and blah blah blah…” would be nice, anyway…

 

 

Let me stop babbling, my questions are, if you or anyone else much appreciate to you,

 

1. Does my new current address affect my “Greater Than 5 Years”, mental appeal forms sent in and/or process to get my denied FOID back?

-Context- I have already been denied my FOID when I submitted my application in 2019 at a different address. And governments are… Funny acting at times…

 

2. Do I need to resubmit a new application? Would this help or not?

 

3. Does this just take long? Is there something else I could do?

[Molly B.]

1. You might want to logging in to your dashboard and up date your address, make sure your driver's license is updated first. 

 

2. You cannot reapply one you are in the system. 

 

3. Usually takes 6 mos. to a year?

[Ahnata]

On 11/1/2022 at 6:52 PM, Molly B. said:

1. You might want to logging in to your dashboard and up date your address, make sure your driver's license is updated first. 

 

2. You cannot reapply one you are in the system. 

 

3. Usually takes 6 mos. to a year?

1. Unfortunately I’m unable to update my address on the website at all and I do my best to keep my license correct and current.

 

2. Dam

 

3. Well dam…

 
 

Thanks for your advice, I appreciate it!

 

[Molly B.]

On 11/2/2022 at 8:00 AM, Ahnata said:

1. Unfortunately I’m unable to update my address on the website at all and I do my best to keep my license correct and current.

 

2. Dam

 

3. Well dam…

 
 

Thanks for your advice, I appreciate it!

 

You might try emailing this address and ask how to change your address while your appeal is pending.
 

ISP.AskFOIDandCCL@illinois.gov

[Molly B.]

Did you receive a response from the ISP about changing your address?

[Jhobbs929]

Molly—. I asked some questions quite a while ago and thanks to your advice I just received a letter telling me I will see my foid card in the next 60 days!!  Thank you!   It took a few rounds of notarized letters from friends and family and quite a bit of patience but it worked out. Thanks again for what you do here!!

 

[Molly B.]

On 11/21/2022 at 7:08 PM, Jhobbs929 said:

Molly—. I asked some questions quite a while ago and thanks to your advice I just received a letter telling me I will see my foid card in the next 60 days!!  Thank you!   It took a few rounds of notarized letters from friends and family and quite a bit of patience but it worked out. Thanks again for what you do here!!

 

 

 

Wonderful!!  Congratulations!

[Deer]

Hello all, hoping for some guidance. I am active duty military and just moved here. I applied for a FOID card, but was denied because I answered yes to being a patient at a mental health facility. However, I think I misinterpreted the question as I have not been admitted involuntarily or voluntarily, deemed mentally unstable, or have had any suicidal/homicidal thoughts, or acts of violence. I self referred on base to talk to a therapist at a mental health clinic for counseling on my anxiety/depression (currently taking meds) after a family member almost died. I am not deemed mentally unstable, high risk, or have any duty limitations (including carrying a firearm) by the military. Can someone please help? I am wanting to file an inadvertently answered yes form but don’t want to file if I did interpret it right the first time. The question is a little confusing and vague. Thank you everyone, any guidance is appreciated. 

[Molly B.]

Yes, it is confusing.  I would suggest you file the inadvertent yes answer affidavit and see if that is successful.

[Deer]

Thank you Molly for your quick response, I just didn’t want to file an inadvertent yes and then they come back and say I lied on a sworn statement when that is not the case. I know they might ask for additional evidence but I don’t think seeking counseling for anxiety/depression is a disqualification when there are no other factors that limit me owning a firearm federally. Just all misinterpreted. 

[Rjchavooo]

Hi , I had a domestic court case along with a OP three years ago. The op was dropped and the domestic case was left “stricken off-leave reinstate due to my ex not showing up to court. My conceal carry was denied by the board after they requested I provide information to the accusations the state police found which I then provided the court documents that state the outcome. What do I have to do in order to get my ccl even tho I was never convicted.

[Molly B.]

My suggestion is to get the “stricken off-leave reinstate" resolved and removed from your record. Have the ISP clear your CCL application from their system and reapply.  If an objection is filed against your application, be prepared with info at this link.

 

The CCL Review Board is more likely to deny when the objection involves a domestic.

[Rjchavooo]

Thank you molly , I am going to get the stricken off - leave reinstate expunged , I am not sure how to have ISP clear my application from there system for me to reapply ?

[Molly B.]

Try sending an email to this address: 

ISP.CCW.Illinois@illinois.gov

[Rjchavooo]

Thank you for the reply Molly ,I was also wondering do I have to pay the $150 application fee again to re apply?

[Molly B.]

Unfortunately, that has been the case up to this point.

[luvenb]

Hello all, I filed an appeal for my food.  It was revoked when I settled a driving while suspended case.  Didn't realize I'd be losing my foid as part of a plea for a traffic offense. Any filed Ppwk Oct 5th have not heard anything since I filed. Sent an email to follow up no response..any idea on how I can check the status of my appeal.  Thanks in advance 

[Molly B.]

On 12/15/2022 at 1:36 PM, luvenb said:

Hello all, I filed an appeal for my food.  It was revoked when I settled a driving while suspended case.  Didn't realize I'd be losing my foid as part of a plea for a traffic offense. Any filed Ppwk Oct 5th have not heard anything since I filed. Sent an email to follow up no response..any idea on how I can check the status of my appeal.  Thanks in advance 

 

 

The only way I know is what you have already done.  The status of your FOID will not change to under review or anything like that.  It only changes when the status changes back to active.

 

If you have not heard anything within 90 days of submitting your appeal, let me know.

[luvenb]

On 12/15/2022 at 9:39 PM, Molly B. said:

 

 

The only way I know is what you have already done.  The status of your FOID will not change to under review or anything like that.  It only changes when the status changes back to active.

 

If you have not heard anything within 90 days of submitting your appeal, let me know.

Thank you for your response.  I will keep an eye out.

[BugleIL]

@Molly B. Hope this finds you well. 

I have my FOID revoked during a CCL application (I got my FOID before I applied for CCL) because they got my immigration status mixed up. I am in the middle of preparing my appeal, my issue is I have (almost) no one to transfer my firearm to. 

 

I called a LGS to see if renting a locker at theirs counts as disposing of my firearm and their answer is no, and when I asked if I can get the local PD to hold the firearm as a temporary transfer they said it wouldn't work either. 

 

Is my best option just to sell my stuff or try to get hold of a friend who has a FOID card and do a private transfer? 

[Molly B.]

On 12/22/2022 at 11:56 AM, BugleIL said:

@Molly B. Hope this finds you well. 

I have my FOID revoked during a CCL application (I got my FOID before I applied for CCL) because they got my immigration status mixed up. I am in the middle of preparing my appeal, my issue is I have (almost) no one to transfer my firearm to. 

 

I called a LGS to see if renting a locker at theirs counts as disposing of my firearm and their answer is no, and when I asked if I can get the local PD to hold the firearm as a temporary transfer they said it wouldn't work either. 

 

Is my best option just to sell my stuff or try to get hold of a friend who has a FOID card and do a private transfer? 

 

You do not have to transfer ownership just possession. A friend can hold the firearms for you, friend's info must listed on the firearm disposition form. 

[Eric G]

Thank you for all of your guidance on the forums, Molly and others.  I was recently denied due to Mental Health MORE THAN 5 years ago. I am having the mental health certification completed next week and am seeking some  clarification on a few things:

 

1) The checklist for this category lists the only two requirements as Firearm Disposition Report and Mental Health Certification.  However; in another section on the ISP site, it also says to send in the Request to Appeal and the Request for Investigation / Relief forms also. Which one is correct?  Just the Certification, or all 3 forms? It sure sounds like the applicant is supposed to send the MH certification and do nothing else but wait since it will be acted upon, but I may be incorrect.

 

2) If the latter two documents are, in fact also needed, are they sent at the exact time the certification is mailed? Or do you have to wait until the certification is received?

 

3) If the MH Certification is accepted and approved, does the status automatically change from "Denied" to "Approved" or is that the point where I would need to file the appeal portion?

 

4) Finally, I'm getting differing opinions on what can be e-mailed to the ISP APPEALS email address versus what has to be mailed.  Both options are listed at the bottom of two of the forms. 

Maybe I should do both?

 

Thanks very for any guidance.  I just want to make sure I'm doing this 100% correctly to alleviate or reduce the chances of any delays.